The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-06-29
He Holds that Kansas Is Not Entitled to 5
Per Cent. of Proceeds Of Sales of Indian
Lands, and Invites Legal Contest.
Mr. Morrison Abandons All Hope of
Democratic Unity in the Next House.
Marking of Civil-Service Examination Papers
To Be Hereafter Done in Washington
Reserve Agents for Indiana Banks.
INDIAN LAND SALES.

Secretary Lamar Holds that Kansas Il Not
Entitled to Five Per Cent. of the Proceeds.
Special to the Indianapolis Journal
WASHINGTON. June 28.-Secreta.y Lamar to-
day. in exceedingly long and exhaustive de-
cision, declined to certify to the Treasury De-
partment for payment the account of the State
of Kansas for per cent of the proceeds Of
the sales of certain Indian lands. The amount
involved is $l13 100. In arriving at this ocnclu-
sion the Secretary reviews!the legislation on the
subject from the time Alabama was admitted
into the Union in 1s09 to the present time. AT
ter citing numerous decisions by the Com
mssioners of tho General Land Office.
Treasury decisions, and decisions of Sec
retaries of the Interior in support OF
the position taken by Kansas in support Of her
claim, and after stating that similar claims have
been allowed Kansas by the Interior Depart
ment derived from the same source, he says he
must decline to allow it. as, in his judgment, the
act admitting Kansas State does not war
rant the construction put upon it. In support
of bis position he cites two decisions of the S u
preme Court, one in regard to the State OF Illi-
nois and the other affecting the State of Iowa.
Both cases, he claims, were analogous to the
present one, and sustain him fully. In the opin-
ion of the court it is said:
''Whon each of these acts speaks of landG
sold by Congress- per cent OF the net pro-
ceeds of which shall be- reserved and be dis
bursed' or appropriated for the benefit of thA
State which the land lies, it evidently has in
view sales in the ordinary sense, from which the
United States receives proceeds in the shape OF
money payable into the treasury, out of which
the per cent. may be reserved and paid to the
State, and does not intend to include lands
promised and granted by the United States
reward for military service for which nothing is
received into the treasury. The question de-
pends upon the terms in which the compact be-
tween the United States and each State 10 pre-.
sented, and supposed equity extending those
terms to cases not fairly embraced within their
meaning"
Secretary Lamar, in conclusion, says:
''In arriving at the conclusion before stated
am relieved to know that if the agents of tho
State of Kansas not satisfied of its correct
ness they can follow the example of tho agents
of the States of Iowa and Illinois in the 10 per
cent. cases and apply for mandamus. By this
means the questions involved will, by an almost
summary method, be brought before the SUI
preme Court of the United States, the highest
tribunal in the land and to whose decree all will
bow with cheerful acquiescence But until such
authoritative construction OF the law IN their
favor I must decline to approve of this claim,
at present advised"
This action of Secretary Lamar reverses the
uniform practice OF the Interior Department.
prevalent since its formation. The decision is
far-reaching in its character. and will affect
nearly all the other Western States.